Telangana HC Dismisses Harish Rao, BJP MLA’s Loan Waiver and Subsidy PILs

Hyderabad: The Telangana High Court on Friday dismissed as not maintainable a public interest litigation (PIL) filed by BRS MLA T. Harish Rao seeking directions to the government to release crop loan waiver amounts to remaining eligible farmers under the crop loan waiver scheme.

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin held that the PIL could not be entertained in its present form, particularly when the relief sought involved directing the executive to allocate and release public funds.

The High Court registry had raised objections to numbering the PIL at the scrutiny stage and placed it before the division bench for administration sanction.

The bench also dismissed as not maintainable a similar PIL filed by BJP MLA Payal Shankar, seeking directions to the government to disburse input subsidy to farmers affected by crop losses. The registry had raised objections regarding its maintainability as well.

Harish Rao, in his petition, referred to government orders and proceedings under which the government had sanctioned financial assistance for farmers. He submitted that most of the farmers yet to receive the loan waiver amount, as assurance or promise given by the ruling party.

The division bench headed by Chief Justice heard the issue regarding the maintainability of the PIL on August 5 and reserved the orders. The bench had questioned the maintainability of the PIL and observed that courts exercising writ jurisdiction ordinarily cannot issue directions to the executive on matters concerning allocation and disbursement of public funds. The Chief Justice had noted that such decisions involved budgetary priorities, availability of revenue and administrative discretion.

Pronouncing orders on Friday, the bench made it clear that the PIL was not maintainable.